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ATKINSON v. TAYLOR

No. 01-3565.

316 F.3d 257 (2003)

Roger ATKINSON v. Stanley TAYLOR, Commissioner; Raphael Williams, Warden; Perry Phelps, Major; Bradley Lee, Captain; Parker, Sgt.; Fred Way, C/O, in his individual and official capacity; State of Delaware Department of Corrections; Andre Green, Cpl., in his/her individual and official capacity, Appellants.

United States Court of Appeals, Third Circuit.

January 21, 2003.

Attorney(s) appearing for the Case

Gregory E. Smith (Argued), Stuart B. Drowos, Deputy Attorney General, Wilmington, for Appellants.

Richard H. Morse (Argued), Young, Conaway, Stargatt & Taylor, LLP, Wilmington, for Appellee.

Before NYGAARD and AMBRO, Circuit Judges, and O'NEILL, District Judge.

OPINION OF THE COURT

O'NEILL, District Judge.

This is an appeal from the District Court's denial of appellants' motion for summary judgment based on qualified immunity. Appellee, an inmate of the Delaware Department of Correction, asserted civil rights infractions under 42 U.S.C. § 1983, claiming that appellants 1) violated the Eighth Amendment's prohibition on cruel and unusual punishment by exposing him to environmental tobacco smoke ("ETS") that...

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